ID:149735
    Date:2008-04-14 10:26:00
    Origin:08BUENOSAIRES471
    Source:Embassy Buenos Aires
    Classification:CONFIDENTIAL
    Dunno:
    Destination:VZCZCXYZ0000
PP RUEHWEB

DE RUEHBU #0471 1051026
ZNY CCCCC ZZH
P 141026Z APR 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC PRIORITY 0771
RUCNMER/MERCOSUR COLLECTIVE
INFO RHMCSUU/FBI WASHINGTON DC
RHMFISS/DEPT OF JUSTICE WASHINGTON DC

    
C O N F I D E N T I A L BUENOS AIRES 000471 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 04/11/2018 
TAGS: PREL, PGOV, PHUM, SOCI, EFIN, AR 
SUBJECT: ARGENTINA: AMBASSADOR DISCUSSES TIP AND CORRUPTION 
WITH NATIONAL OMBUDSMAN 
 
1. (C) Summary:  On April 7, the Ambassador met with 
Argentina's National Ombudsman Dr. Eduardo Mondino.  The 
Ombudsman spoke at length about the independence of his 
office, which he said has occasionally incurred the rancor of 
both Kirchner Administrations.  His portfolio includes the 
protection of human rights and other constitutional 
guarantees, as well as controlling the exercise of public 
administration functions.  The Ambassador and Mondino 
discussed possible areas for future cooperation, including 
anti-trafficking in persons and anti-corruption issues. 
Mondino raised a case he is investigating involving possible 
corruption related to commissions being charged on government 
contractual transactions, the proceeds of which are being 
deposited in a U.S. bank.  LegAtt will follow up the case 
with Mondino given potential sensitivity and will report 
details in his channels.  End Summary. 
 
2. (SBU) Background:  The National Ombudsman's Office 
(Defensor del Pueblo de la Nacion) is an independent body 
linked to Congress that is responsible for the protection of 
human rights and other constitutional guarantees in 
Argentina, in addition to controlling the exercise of public 
administration functions.  It also has the authority to 
receive complaints, investigate, criticize, and appear in 
court.  Mondino is now in his second five-year term as 
National Ombudsman.  He stated that he is willing to both 
antagonize and work with the Kirchner Administration, noting 
that more than one Ombudsman's Office report has raised 
government hackles, such as one on contamination of the 
Matanza-Riachuelo River Basin or in drawing attention to the 
health and nutrition crisis being faced by indigenous 
Argentines in the past month.  He also noted that he had 
offered to serve as mediator in the recent agricultural 
strike. 
 
Trafficking in Persons 
---------------------- 
 
3. (SBU) Ambassador expressed his appreciation for the 
conference on trafficking in persons (TIP) held last fall by 
the Ombudsman's Office, which included a presentation by an 
Embassy ICE special agent.  Mondino said he was aware that 
TIP is a key issue for the Embassy.  He noted the pending TIP 
legislation, and discussed the criticism of the bill's 
differentiation between minors and adults on the issue of 
consent, an issue which could limit the state's ability to 
prosecute and convict perpetrators.  Ambassador and Mondino 
affirmed that there is definite potential for dialogue and 
cooperation on this and other issues. 
 
Agriculture Strikes 
------------------- 
 
4. (SBU) In the context of the Ambassador's question on the 
portfolio of the Ombudsman's Office, Mondino referenced his 
offer, which did not come to fruition, to serve as mediator 
between the GOA and the agricultural sector in the recent 
strike.  Mondino stated bluntly that the crisis evinced the 
confrontational nature of the Kirchner Administration and the 
President's dependence on a small inner circle for 
decision-making.  Further, he said it clearly showed the lack 
of mechanisms for dialogue and negotiation between the GOA 
and citizens.  The Ombudsman indicated that he was willing to 
leverage his office's independence to act as a mediator and 
forum for dialogue with the government on agriculture sector 
concerns and future issues. 
 
Referral to LEGATT 
------------------ 
 
5. (C) Mondino raised a case his office is investigating 
involving possible systematic commission charges of 15% being 
required by part of the GOA on private-private contracts with 
a third country.  He explained that his office is currently 
investigating whether this constituted bribery and/or 
embezzlement and whether these monies are being held in a U.S 
bank.  The Ambassador offered to have the LegAtt follow up 
with Mondino to see if there is any assistance the Embassy 
can provide.  Given potential sensitivity and law enforcement 
aspects of the matter, LegAtt will report details in that 
channel. 
WAYNE